Overview

With an annual appropriation of $10 million, 54 States (*including the District of Columbia, Guam, Puerto Rico, and Virgin Islands) have been able to provide access and visitation services to over a half million non-custodial parents (NCPs) and their families since the program became operational in 1997! In FY 2006, States contracted with over 300 court and/or community- and faith-based, non-profit service providers for the delivery of access and visitation services to NCPs and their families.

I. Enabling Legislation

The "Grants to States for Access and Visitation" Program (42 U.S.C. 669b) was authorized by Congress through passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Goal: "..to enable States to establish and administer programs to support and facilitate non-custodial parents' access to and visitation of their children…"

II. Allowable Services

According to the statute, States are permitted to use grant funds to develop programs and provide services such as:

• Mediation
• Development of parenting plans
• Education
• Counseling
• Visitation enforcement (including monitored and supervised visitation, and neutral drop-off and pick-up)
• Development of guidelines for visitation and alternative custody arrangements.

III. Annual Funding

• $10 million is divided among the States annually based on a funding formula contained in the statute.
• Funding Formula (according to statute):"The allotment of a state for a fiscal year is the amount that bears the same ratio to $10,000,000 for grants under this section for the fiscal year as the number of children in the state living with only 1 biological parent bears to the total number of such children in all states."
• Minimum Annual State Allocation $100,000 This statutory provision ensures that states with small populations of single parent households with minor age children are guaranteed a base amount of $100,000. Those states with larger populations are awarded an allotment according to the prescribed funding formula.
• Required State Match States are required, by law, to provide a minimum 10% match of the Federal grant amount. This match requirement can be fulfilled via cash or in-kind contributions by the state and/or local grantees.

IV. State Administration

• Designation of State Agencies Following enactment of the AV Grant Program in 1996, the then-Governors of States were asked to designate a State agency that would be responsible for receiving the grant funds. Roughly half of the State AV Grant Programs are administered by State Offices of the Courts and the other half by State IV-D Agencies.
• Funding Responsibilities States are required to ensure that funds expended under the Access and Visitation Grant respond to and support the program goal which is "…to establish programs to support and facilitate noncustodial parents' access to and visitation of their children…". According to statute, States:
  1. shall administer State programs funded with the grant directly or through grants to or contracts with courts, local public agencies, or nonprofit entities";
  2. shall not be required to operate such programs on a statewide basis; and
  3. shall monitor, evaluate, and report on such programs
• Reporting Requirements The enabling legislation requires states to monitor, evaluate, and report on services funded through the Access and Visitation Grant Program. This statutory requirement is satisfied through the annual completion – by states – of the "State Child Access Program Survey" which includes:
  • State agency contact information;
  • Services funded;
  • Provider agency contact information;
  • Number of parents served;
  • Socio-economic and demographic information on families served; and
  • Outcome data (i.e., number of noncustodial parents whose parenting time with children increased as a result of services).

V. Federal Administration

The Office of Child Support Enforcement -- part of the Administration for Children and Families, Department of Health and Human Services -- has been designated responsibility for administering the Access and Visitation Grant Program, For further information, contact:

Tracie Pogue, Program Specialist
Program Development Branch
Office of Child Support Enforcement
370 L'Enfant Promenade, S.W.
4th Floor West
Washington, DC 20447
Phone: (202) 690-5495
E-Mail: tracie.pogue@acf.hhs.gov

Myles Schlank, Chief
Program Development Branch
Office of Child Support Enforcement
370 L'Enfant Promenade, S.W.
4th Floor West
Washington, DC 20447
Phone: (202) 401-9329
E-Mail: mschlank@acf.hhs.gov